Scottish Power Sugging Claim

[kurvaface]

The issue:

 

I have a TPS registered phone line, ex-directory never given out. We have it for a family member who is dying and waiting for an organ transplant. Every call on the line causes considerable distress for obvious reasons as it's only meant to be used by our transplant centre.

 

Since 2011 we have logged approximately 4000 sales calls, up to 30 a day on some days, sometimes in the early hours of the morning. The unique thing about all of these sales calls is that the data they hold is correct in every respect except for the surname. For arguments sake, they always ask for Mr Bloggs. The calls usually come from India and are usually marketing under the guise of a survey (Sugging). The callers refuse to provide an address, disclose on whose behalf they are calling, acknowledge our demands not to be called or explain why they are calling a TPS line. They are often abusive if we do not cooperate.

 

In feb this year, after discussing with the ICO, we decided to play along with the calls to see who was commissioning them. We notified them if they continued to call we would play along. All the calls were recorded. In every instance we told the callers not to let anyone call again or there would be consequences. The questions they asked were about Ppi, broadband, utilities etc.

 

Many companies have called off the back of this sugging call and we have taken action against them all.

 

Scottish power also made sales calls to us off the back of the sugging calls.

 

We instructed Scottish power (S.7 of the Data Protection Act) to disclose where they got our number from and to disclose the permission they have to market to our line.

 

We instructed them to suppress our data to this opt-in (S10 and S11 of the Data Protection Act).

 

This was back in March.

 

They have not confirmed how they got our number other than to say in future they will make sure they screen all sugging calls against TPS and record all sugging calls.

 

The sugging calls for Mr Bloggs continue today.

 

It is self evident that Scottish power have not suppressed our data.

 

I intend to bring proceedings against them pursuant to The Privacy And Electronic Communications (EC Directive) Regulations 2003, The Data Protection Act 1998 and The Protection Froma Harassment Act 1997 to recover £1925 for my time dealing with this plus additional damages for distress and anxiety in the discretion of the court.

 

My questions are:

 

1) Scottish power is registered in Scotland. Can I pursue them in England? I live in England and they were calling me from an english call centre.

2) The energy ombudsman have stated it is not a case they would deal with. What other means of alternate dispute resolution are open to me?

3) does the Data Protection Act apply in the same way in Scotland?

 

Any answers gratefully received. Thanks KV

[BankFodder]

It sounds as if you are handling this in a very competent way. Well done.

 

I'm afraid that there is no alternative dispute resolution open as far as I know. The ombudsman is useless and frit.

 

The only thing to do is to begin a County Court claim. You can bring the claim in England because ScottishPower have got offices in England. Also you say, the calls are made from an English call centre.

 

Have you send them a proper SAR? Don't forget that an SAR as you seem already to know, requires not only disclosure of data but also disclosure of people to whom the data has been disclosed. You should specifically asked for this as well.

 

Don't expect this information to come easily. ScottishPower don't like this kind of thing – none of the companies do. You will have to force them.

 

If you are bringing an action for a court order specifically – then you will have to begin a part eight action which is slightly more complicated to begin with and also possibly a bit more expensive than a part seven small claims action which is purely for money. Have a look in the court service website and look up Part Eight

[kurvaface]

I haven't formally S7d them although I have asked them in writing to disclose all parties involved. They disclosed the name of a company called Lead Performance Ltd as the company who did the sugging survey. They In turn said some other company did the sugging calls who in turn then said someone else was involved who I turn blamed it all on some indian chap.

 

I'll Send a proper sar along with £10 and leave them to dig a hole for themselves.

[BankFodder]

Yes. The way to oblige them is a proper SAR. An informal request will get you nothing